Refugees Protection Act, 2007
Act 6 of 2007
- Published in Sierra Leone Gazette 42 on 30 August 2007
- Assented to on 13 July 2007
- [This is the version of this document from 30 August 2007.]
Part I – Preliminary
1. InterpretationIn this Act, unless the context otherwise requires—“Appeal Committee” means the Refugee Status Appeal Committee established by paragraph (c) of section 3;“asylum seeker” means a person who has expressed a wish for asylum, whether a formal application has been made for it or not;“Authority” means the National Refugee Authority established by paragraph (a) of section 3;“authorised officer” has the meaning assigned thereto in section 29;“country of nationality” in relation to a person who has more than one nationality, means each of the countries of which that person is a national;“Implementing Agency” has the meaning assigned thereto in section 6;“members of his family”, in relation to a refugee means—(i)any spouse of the refugee;(ii)any unmarried child of the refugee, including an adopted child under the age of eighteen years; or(iii)any person who is related to the refugee by blood or marriage and who is dependent upon the refugee;“Minister” means the Minister responsible for foreign affairs;“minor” means a person below the age of eighteen years;“non-citizen” means any person who is not a citizen of Sierra Leone;“OAU Convention” means the Organization of African Unity Convention Governing the Specific Aspects of the Refugee Problem in Africa, done at Addis Ababa on 10th September, 1969 and ratified by Sierra Leone on 28th December, 1987;“protected person”, in relation to a recognised refugee, means—(i)a member of the family of the recognised refugee; or(ii)a person who, under section 14, is permitted to continue to remain within Sierra Leone;“protocol” means the protocol Relating to the Status of Refugees, done at New York on 31st January 1967 and acceded to by Sierra Leone on 22nd May, 1981;“recognised refugee” means a refugee who—(a)has been recognised as a refugee under this Act; or(b)is a member of a class of persons declared to be refugees by the Authority under paragraph (c) of subsection (2) of section 2;“refugee”, has the meaning assigned thereto in section 2, and includes an asylum seeker;“separated minor”, means a minor who is separated from both parents or from his previous legal or customary primary care-giver, but not necessarily from other relatives and may therefore include a child who is accompanied by other adult family members;“spouse” includes a common law spouse;“torture” means, but is not limited to, any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession; punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity, but does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions;“United Nations Convention” means the United Nations Convention Relating to the Status of Refugees, done at Geneva on 28th July, 1951 and acceded to by Sierra Leone on 22nd May, 1981;“unaccompanied minor” means a minor who is separated from both parents and other relatives and is not being cared for by an adult who, by law or custom, is responsible for doing so.
2. Meaning of “refugee”
Part II – Administrative provisions
3. Administrative machineryFor the purposes of this Act, there are hereby established—
4. Composition and functions of National Refugee Authority
5. Administrative and secretarial support for Authority
6. Implementing Agency
7. Composition and functions of Refugee Status Appeal Committee
Part III – Application for refugee status
8. Application for grant of refugee status
9. Application by females and unaccompanied minors
10. Appeals against decision not to grant refugee status
11. Cancellation of refugee status
12. Withdrawal of refugee status
13. Rights and duties of asylum seekers during refugee status determination process
14. Residence in Sierra Leone pending determination of refugee status
Part IV – Rights and duties of recognised refugees and protected persons within Sierra Leone
15. Rights and duties of recognised refugeesSubject to this Act, every recognised refugee and every protected person within Sierra Leone—
16. Non-return of refugees and their families
17. Detention of refugees or asylum seekers pending expulsion
18. Other measures pending expulsion
19. Non-penalisation of illegal entry or stay in Sierra Leone
20. Designated area for refugees
21. Order to reside in designated areaThe Minister may, in writing and for security or other reasons, order any refugee, or category thereof to reside in a refugee camp or settlement or such other place in Sierra Leone as may be specified in the order.
22. Large-scale influxes of refugees into Sierra LeoneWhere there is a large-scale influx of persons claiming to fall within the meaning of refugees under section 2, the Authority shall, after consultation with the Representative of the United Nations High Commissioner for Refugees, take action in accordance with paragraph (c) of subsection (2) of section 4, and advise relevant State authorities on emergency measures to be taken, including—
Part V – Facilitation of lasting solutions
23. Local integrationLocal integration of refugees, with specific reference to the rights set out in Part IV shall be facilitated by the relevant State agencies, the Office of the United Nations High Commissioner for Refugees and other international and non-governmental agencies.
24. Voluntary repatriation
25. Resettlement in third country
Part VI – International and regional co-operation
26. International co-operationThe Government undertakes to co-operate with other States, the United Nations High Commissioner for Refugees, the African Union and other international and non–governmental organisations, with a view to protecting and assisting refugees and finding lasting solutions to their problems.
27. Co-operation with Office of United Nations High Commissioner for Refugees
28. Co-operation with African UnionThe Government undertakes to provide to the African Union with any information and statistical data requested by it concerning—
Part VII – Miscellaneous provisions
29. Authorised officers
30. Provision relating to NaCSA as Implementing AgencyPursuant to section 6, the National Commission for Social Action Act, 2001, is amended as follow:–
31. Legal aidThe Implementing Agency shall provide legal aid to refugees and in particular, shall be responsible for paying the fees of legal practitioners or other persons representing or providing legal assistance to refugees.
32. Annual reports by Authority etc.The Authority, Implementing Agency and the Appeal Committee shall each prepare and submit to the Minister within three months after the end of each financial year a report of its activities during that year which the Minister shall cause to be compiled for tabling before Parliament by the Minister during that year which the Minister shall cause to be compiled for tabling before Parliament by the Minister.
History of this document
30 August 2007 this version
13 July 2007